Nominating Commission Presents Governor Daniels with Nominees

According to the Indiana Law Blog, the Judicial Nominating Commission submitted this six-page letter to Governor Daniels yesterday.

Governor Daniels has until April 30 to name the next justice. Failing that, then-acting Chief Justice Dickson would select Chief Justice Shepard’s replacement under Article 7 Section 10 of Indiana’s Constitution.

Jane Seigel, Mark Massa, Cale Bradford to be Nominated to be 107th Justice of Indiana Supreme Court

The Indiana Judicial Nominating Commission has named Jane Seigel, Mark Massa, and Cale Bradford as the three nominees it will present to Governor Daniels. Once the Commission formally presents the names, which took a week or more in 2010 when Justice David was selected, the governor has sixty days to name one of them Shepard’s replacement. After that, the Commission, chaired by then-acting Chief Justice Dickson will select a Chief Justice from among the five justices.


Chief Justice Shepard’s term as chief justice ends March 4. After that, he would by rule be acting chief justice, but Justice Dickson, the next most senior justice, will take that role until the next permanent chief is selected from among the five sitting on the Court, including Shepard’s replacement. Shepard’s last day on the Court will be March 23.


HT: https://twitter.com/#!/incourts

Indiana Nominating Commission Names Semifinalists for the 107th Indiana Supreme Court Vacancy

The Indiana Judicial Nominating Commission has named seven applicants to interview a second time to replace Chief Justice Randall T. Shepard after he retires on March 4. This brings the Commission one step closer to a final list of three candidates to forward to Governor Daniels, who will name one of them as Shepard’s replacement. After that, the Commission, chaired by then-acting Chief Justice Dickson will select a Chief Justice from among the five justices.
Here are the semifinalists:

1. Hon. Robert R. Altice, Jr., Marion Superior Court, Criminal Division 2
2. Hon. Cale J. Bradford, Indiana Court of Appeals
3. Hon. Maria D. Granger, Floyd Superior Court 3
4. Mr. Mark S. Massa, Indianapolis
5. Hon. Robyn L. Moberly, Marion Superior Court, Civil Division 5 
6. Mr. Steven R. Schultz, Columbus
7. Ms. Jane A. Seigel, Indianapolis

The official press release is here: http://www.in.gov/activecalendar/EventList.aspx?fromdate=2/1/2012&todate=2/29/2012&display=Month&type=public&eventidn=51557&view=EventDetails&information_id=103369

7th Circuit Interprets Wal-Mart v. Dukes

Thomson Reuters reports on last week’s decision from the Seventh Circuit in Ross v. Charter One, a class-action suit by employees. The report’s catchy title is “7th Cir. to wage-and-hour defendants: No Dukes for you!”
HT Howard Bashman’s How Appealing blog

Here is an excerpt from the article:

The U.S. Court of Appeals for the Seventh Circuit just handed lawyers representing employees in wage-and-hour class actions potent protection against the U.S. Supreme Court's 2011 ruling in Wal-Mart v. Dukes.

The opinion came in a class-action suit filed in Chicago federal court against RBS Citizens, otherwise known as Charter One bank. Back in 2010, U.S. District Judge Joan Lefkow certified two classes, one of hourly workers and one of assistant branch managers, concluding that certification was appropriate for these narrowly-defined classes. The bank's lawyers at Proskauer Rose appealed. After oral arguments at the Seventh Circuit -- but before the appellate panel decided the case -- the Supreme Court issued its ruling in Dukes. The Seventh Circuit then asked both sides for briefs on Dukes’s implications for the case. In the first appellate ruling to address Dukes’ application to wage-and-hour class actions, the Seventh Circuit affirmed class certification.

Seventh Circuit Clears the Way for Suit over Sports Scheduling

The Seventh Circuit yesterday reversed the dismissal of a case challenging the allegedly discriminatory scheduling of boys’ and girls’ sporting events in Indiana. Judge Tinder wrote the opinion on behalf of himself, Chief Judge Easterbrook, and Judge Wood. Judge Lawrence of the Southern District of Indiana authored the reversed decision.
Read the opinion,  Amber Parker v. Franklin Comm. Schools, here: http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=rss_sho&shofile=10-3595_002.pdf
Here is the Indianapolis Star’s coverage: http://www.indystar.com/article/20120201/SPORTS02/202010378/Court-overturns-dismissal-sports-gender-suit?odyssey=tab|topnews|text|IndyStar.com

Indiana Nominating Commission Names Applicants for the 107th Indiana Supreme Court Vacancy

From the Indiana Supreme Court’s website, here’s the list:

1. Hon. Robert R. Altice, Jr., Marion Superior Court, Criminal Division 2
2. Hon. Cynthia J. Ayers, Marion Superior Court, Civil Division 4
3. Hon. Cale J. Bradford, Indiana Court of Appeals
4. Hon. Maria D. Granger, Floyd Superior Court 3
5. Mr. Mark S. Massa, Indianapolis
6. Ms. Patricia C. McMath, Indianapolis
7. Hon. Robyn L. Moberly, Marion Superior Court, Civil Division 5 
8. Mr. Karl L. Mulvaney, Indianapolis
9. Mr. Rory O’Bryan, Indianapolis
10. Hon. Michael N. Pagano, Lake Superior Court, County Division 3
11. Ms. Mary K. Reeder, Indianapolis
12. Mr. Steven R. Schultz, Columbus
13. Ms. Jane A. Seigel, Indianapolis
14. Mr. Les C. Shively, Evansville
15. Ms. Rebecca A. Trent, West Lafayette

This is less than half the number of applicants compared to the 34 who threw their name in the hat to replace Justice Boehm in 2010. Most of them are not repeats. The only three repeat applicants from 2010 are Judge Ayers and the two unsuccessful finalists, Judge Moberly and Karl Mulvaney.

The Commission will conduct interviews February 8 and 9, interview semi-finalists February 22, and then vote to send a list of three to Governor Daniels, who will have sixty days to select from the three (if he fails to do so, the Chief Justice, who will likely then be Justice Dickson as acting Chief Justice, makes the selection).


For more details, visit http://www.in.gov/activecalendar/EventList.aspx?fromdate=1/1/2012&todate=1/31/2012&display=Month&type=public&eventidn=51233&view=EventDetails&information_id=102721

Chief Justice Shepard's last State of the Judiciary focuses on Indiana’s past and future progress

Chief Justice Randall T. Shepard, in his last State of the Judiciary before his announced retirement on March 4, emphasized how far Indiana's judicial branch has come in the last three decades and how much promise its future holds. He highlighted several areas in which the judiciary has improved the quality and efficiency of its services, from halving the number of children awaiting court-appointed advocates to its appellate courts becoming a place other states turn for quality, in-depth legal analysis.